Earlier we've blogged about professional web translation services in the context of the European Data Privacy Laws. During internal corporate investigations and e-Discovery it is important to advise a U.S.-based client that foreign blocking statutes do not necessarily eliminate one's compliance with U.S. discovery in accordance with the Rules of Civil Procedure. For this reason, it is advisable to consult with foreign counsel to discuss - and represent - any violation of a foreign blocking statute that may occur. Of course, in doing this, one will require the services of legal translators and interpreters.
Despite the various blocking statutes that different nations have in place, the Hague Convention (T.I.A.S., 7444, 23 U.S.T. 2555, 1970, Lexis 497) gives one the right to obtain evidence from any foreign state that is a party to the Convention. Accordingly, whenever an evidentiary request is made, according to the Convention, it should be routed through the central authority of each country - with all documents containing a foreign language translation of the original.
In order to make an evidentiary request, one should use a Letter Rogatory - or an official request by a domestic court made to a foreign court requesting the handing over of either testimonial or documentary evidence to be used in the jurisdiction of the requesting court. As with all official court documents filed in a foreign jurisdiction, an English version should be submitted to the U.S. court and a foreign language translation thereof submitted, with the original, to the foreign court.
